rabble.ca - Employment Standards Codehttp://rabble.ca/category/tags/employment-standards-code
enNDP braves Opposition outrage to drag Alberta labour law into the late 20th centuryhttp://rabble.ca/blogs/bloggers/alberta-diary/2017/06/ndp-braves-opposition-outrage-drag-alberta-labour-law-late-20th
<div class="field field-name-taxonomy-vocabulary-14 field-type-taxonomy-term-reference field-label-hidden"><div class="field-items"><div class="field-item even">David J. Climenhaga</div></div></div><div class="field field-name-field-image-for-node field-type-image field-label-hidden"><div class="field-items"><div class="field-item even"><img src="http://rabble.ca/sites/default/files/styles/large_story_850px/public/GrayMain-1_0.jpg?itok=Zl-107eF" width="1180" height="600" alt="Alberta Labour Minister Christina Gray. Image: David Climenhaga" title="Alberta Labour Minister Christina Gray. Image: David Climenhaga" /></div></div></div><div class="field field-name-body field-type-text-with-summary field-label-hidden"><div class="field-items"><div class="field-item even"><p>In the wee hours of yesterday morning, the NDP MLAs in the Alberta Legislature dragged the province's labour laws into the late 20th century -- with MLAs from the main conservative Opposition parties kicking and screaming every centimetre of the way!</p>
<p>Bill 17, the <em>Fair and Family-friendly Workplaces Act</em>, passed third reading in the Legislature at the end of the June 5 evening session, although it was actually a little after 2 a.m. on June 6 when the voting was finally finished.</p>
<p>The legislation by the government of Premier Rachel Notley is important because it's been almost 30 years since Alberta updated its labour laws, and the new act brings common practices in other provinces that have worked well for decades into use in Alberta, where labour relations laws in particular had come to be the most backward in the country under successive Progressive Conservative governments.</p>
<p>Changes include the introduction of first-collective-agreement compulsory arbitration, a mechanism for requiring employers to negotiate in good faith with newly unionized employees seeking a first contract, and a provision that means a secret-ballot vote will not be required if <em>at least 65 per cent</em> of the employees in a workplace verify their membership in a union. If between 40 and 65 per cent sign union cards, there must be a vote regardless.</p>
<p>For non-union workplaces, the changes brought forward by Labour Minister Christina Gray after a short public consultation were slightly more ambitious.</p>
<p>These included an extra week of job protection for maternity leave, to 16 weeks, protected leave for parents to look after sick children, and new requirements to ensure employees are compensated when they work overtime.</p>
<p>But there was little in the bill mandating changes to the Employment Standards Code, which governs non-union workplaces, and the Alberta Labour Relations Act, which sets the rules for unionized worksites, that corporations and conservative parties aren't already living with quite comfortably in most Canadian provinces.</p>
<p>Even determined conservative partisans like Postmedia's Lorne Gunter conceded that the NDP's legislation is far from revolutionary. "For the most part, their proposed amendments to the Employment Standards Code and the Labour Relations Code seem pretty bland," he wrote in his column on May 25. "The changes the Alberta NDP are proposing are already standard practice at many (most?) Alberta businesses."</p>
<p>Even the provision allowing a workplace to be certified if more than 65 per cent of the workers agree to be union members is not worth getting excited about, Gunter accurately advised his readers, "because 65-per-cent-sign-up almost never happens."</p>
<p>In other words, even a Conservative firebrand like Gunter was telling his pals in the the Progressive Conservative and Wildrose parties to calm down and not light their hair on fire.</p>
<p>This seemed to have no effect, however, with the Wildrose Opposition in particular introducing amendments that, had they been enacted, would have not only have interfered with the fair collective bargaining process guaranteed by the courts, but in some cases abrogated such fundamental rights as freedom of association guaranteed by the Charter of Rights.</p>
<p>Wildrose amendments, for example, called for an end to the Rand Formula, the standard dues-check-off practice in Canada since the 1940s that ensures no employee will opt out of the union simply to avoid dues yet reap the benefits of collective bargaining; opposed first-collective agreement arbitration; and tried to make it illegal for union supporters to visit potential members' homes during an organizing drive. When it comes to violating fundamental rights, that last one is pretty much in line with <a href="https://www.theguardian.com/world/2017/apr/20/russia-bans-jehovahs-witnesses">the recent ban</a> on membership in the Jehovah's Witness church in capitalist Russia!</p>
<p>The NDP did accept a couple of Opposition amendments, which were included in the final version of the law:</p>
<ul><li>An increase in the time an employer has to respond when an employee gives notice she intends to return to work after an unpaid leave, from 48 hours to one week. <a href="http://www.assembly.ab.ca/ISYS/LADDAR_files/docs/bills/bill/legislature_29/session_3/20170302_am-017-A2.pdf">This amendment</a>, proposed by Alberta Party Leader Greg Clark, recognizes that employers may have moved or hired other staff to fill in for the employee on leave and may need more time to transition affected employees to other duties.</li>
<li>A change in the regulations allowing the government to consult medical professionals about adding them to the list of professionals permitted to sign doctors' notes. <a href="http://www.assembly.ab.ca/ISYS/LADDAR_files/docs/bills/bill/legislature_29/session_3/20170302_am-017-A25.pdf">This amendment</a> by PC MLA Richard Starke would make it possible for the government, after consultation, to add Nurse Practitioners to the professions that could sign such notes.</li>
</ul><p><a href="http://www.assembly.ab.ca/ISYS/LADDAR_files/docs/bills/bill/legislature_29/session_3/20170302_am-017-A31.pdf">Additional amendments</a> proposed by Gray and passed by the Legislature included clarifying appeal processes for cancellation of work-averaging agreements, adding flexibility to group termination notices, more clearly defining dependent contractors, and excluding physicians from labour relations provisions since they bargain collectively through their own association.</p>
<p>Some of the comments in opposition to this bill by Wildrose and PC MLAs deserve closer attention, and will get it in future posts on AlbertaPolitics.ca.</p>
<p>Most changes will take effect on January 1, 2018. Some Labour Code amendments will come into effect sooner, on September 1, 2017.</p>
<p>While the Opposition objections to the bill went over the top at times, observers who were in the House during the debate suggested their hearts weren't really in it. Indeed, they were agreeable to the 2 o'clock cutoff for debate on Wednesday morning. They were, after all, anxious to get back to their ridings to sell their United Conservative Party merger deal to their skeptical party members.</p>
<p><em>This post also appears on David Climenhaga's blog, <a href="http://albertapolitics.ca/">AlbertaPolitics.ca</a>. </em></p>
<p><em>Image: David Climenhaga</em></p>
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</div></div></div>Wed, 07 Jun 2017 16:30:10 +0000djclimenhaga131866 at http://rabble.cahttp://rabble.ca/blogs/bloggers/alberta-diary/2017/06/ndp-braves-opposition-outrage-drag-alberta-labour-law-late-20th#commentsDon't look for dramatic change to Alberta labour laws in revisions NDP will likely introduce this weekhttp://rabble.ca/blogs/bloggers/alberta-diary/2017/05/dont-look-dramatic-change-alberta-labour-laws-revisions-ndp
<div class="field field-name-taxonomy-vocabulary-14 field-type-taxonomy-term-reference field-label-hidden"><div class="field-items"><div class="field-item even">David J. Climenhaga</div></div></div><div class="field field-name-field-image-for-node field-type-image field-label-hidden"><div class="field-items"><div class="field-item even"><img src="http://rabble.ca/sites/default/files/styles/large_story_850px/public/CHRISTINA2-JPG.jpg?itok=d4-0DJuo" width="1180" height="600" alt="Christina Gray " title="Image: Government of Alberta/Chris Schwarz" /></div></div></div><div class="field field-name-body field-type-text-with-summary field-label-hidden"><div class="field-items"><div class="field-item even"><p><p>Alberta's New Democratic Party Government is expected to introduce changes to the province's main labour relations laws this week, quite possibly on Wednesday.</p>
<p>Naturally enough, right-wing politicians and special interest groups have been squawking about this since the process for changing the Alberta Labour Relations Code and the Employment Standards Code was <a href="https://www.alberta.ca/release.cfm?xID=46461D58E522A-9A17-9237-C8DB978170A5EE6C" rel="nofollow">announced by Labour Minister Christina Gray</a> in mid-March.</p>
<p>Conservative politicians have been trying in their usual fashion to create the impression Premier Rachel Notley's government is in the pocket of "Big Labour" -- although, in Alberta's case, it would probably be more accurate to say "Not-so-big Labour," seeing as <a href="http://www.statcan.gc.ca/pub/75-006-x/2013001/article/11878-eng.htm" rel="nofollow">the percentage of unionized employees in this province is the lowest in Canada.</a> Whether or not labour has much influence over the government remains an open question.</p>
<p>Lobbies for businesses that have benefitted for years from the absence of due process and fairness in Alberta labour law compared with other jurisdictions complain that "now is not the time" for change, the economy being in the state it is. Actually, the economy is improving considerably, thanks in significant part to the way Ms. Notley's government has responded to the recession, so this line of argument is due to change any time now.</p>
<p>Still, the opponents of changing Alberta's weak and unfair labour laws, whatever argument they happen to be using at the moment, do sound half-hearted about this. They're just not getting their knickers in a twist the way they did over, say, the idea of a $15 minimum wage, which we are still on track to see in Alberta, or the loss of their easy access to temporary foreign workers.</p>
<p>I suspect this is because they have concluded the changes the NDP is likely to implement will be modest and not all that painful from their perspective.</p>
<p>They've barely even claimed the changes will kill jobs (there's no evidence anywhere, ever, that this actually happens) or that fairer labour laws practiced elsewhere for decades are a dangerous left-wing experiment (although I expect we'll hear that once the details are published, no matter how conservative the changes are).</p>
<p>While the Notley Government runs a remarkably tight ship and very little has leaked about what is likely to be in the legislation, it seems certain change here in Alberta will not be as sweeping as <a href="http://www.cbc.ca/news/canada/toronto/ontario-changing-workplaces-review-labour-law-1.3994571" rel="nofollow">that contemplated by Ontario's Liberal government</a>.</p>
<p>I doubt we'll see in Alberta, for example, a blanket ban on the use of replacement workers during strikes, let alone making it possible for employees of franchise operations to unionize or allowing domestic workers employed in private homes to join unions, all of which are on the table in Ontario.</p>
<p>Unsurprisingly, exactly the same arguments for keeping Ontario labour law the way it is now are being advanced by exactly the same groups arguing here that Alberta labour laws ought not to be made more like Ontario's old ones.</p>
<p>We will likely see fairly technical changes to the Employment Standards Code, which sets minimum standards for employment relationships on non-union worksites. There will be a few more significant improvements to the Labour Relations Code, which has not been changed since the 1980s and governs working relationships in unionized worksites. But they will likely only bring it into line with labour legislation elsewhere in Canada.</p>
<p>The review of the Labour Relations Code was led by Andrew Sims, a respected labour lawyer and mediator, who is held in high regard by unions and employers alike.</p>
<p>Notwithstanding Alberta Progressive Conservative Leader Jason Kenney's bluster about changing every law brought in by the NDP, this is just the kind of thing likely to be left alone by future governments of any stripe, in large part because the courts have already mandated many of the changes being contemplated by the NDP and because they work well elsewhere.</p>
<p>For example, I expect Alberta to include first-contract compulsory arbitration rules in its new legislation, to force companies to obey the law when they're negotiating first collective agreements. Ontario has had the same rule under a variety of governments since the 1980s.</p>
<p>Perhaps we'll also see a few meaningful penalties for employers who ignore their legal responsibility to bargain in good faith, or who deprive their non-union employees of their legal rights or the money they're owed.</p>
<p>But don't look for radical change, because you're not likely to see it in the revisions the NDP brings forward -- although this is sure to disillusion some of the New Democrats' most ardent supporters.</p>
<p><em>Image: Government of Alberta/Chris Schwarz</em></p>
<p><em>This post also appears on David Climenhaga's blog, <a href="http://albertapolitics.ca/" rel="nofollow">AlbertaPolitics.ca</a>. </em></p>
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</p></div></div></div>Tue, 23 May 2017 05:51:08 +0000djclimenhaga131286 at http://rabble.cahttp://rabble.ca/blogs/bloggers/alberta-diary/2017/05/dont-look-dramatic-change-alberta-labour-laws-revisions-ndp#commentsFormer Tory labour minister Thomas Lukaszuk enters farm safety fray with 'Bill 6 Taskforce' http://rabble.ca/blogs/bloggers/djclimenhaga/2015/12/former-tory-labour-minister-thomas-lukaszuk-enters-farm-safety-f
<div class="field field-name-taxonomy-vocabulary-14 field-type-taxonomy-term-reference field-label-hidden"><div class="field-items"><div class="field-item even">David J. Climenhaga</div></div></div><div class="field field-name-field-image-for-node field-type-image field-label-hidden"><div class="field-items"><div class="field-item even"><img src="http://rabble.ca/sites/default/files/styles/large_story_850px/public/node-images/lukaszukrabble.jpg?itok=JYVC97Vg" width="1180" height="600" alt="Thomas Lukaszuk" title="Thomas Lukaszuk" /></div></div></div><div class="field field-name-body field-type-text-with-summary field-label-hidden"><div class="field-items"><div class="field-item even"><p><p><em>Like this article? rabble is reader-supported journalism. <a href="https://secure.rabble.ca/donate/" target="_blank" rel="nofollow">Chip in</a> to keep stories like these coming.</em></p>
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<p>Former Alberta Progressive Conservative deputy premier and labour minister Thomas Lukaszuk, two lawyers and three accountants have formed a "Bill 6 Implementation Advisory Taskforce" that Lukaszuk says in a letter to farmers and operators of other agricultural enterprises can help ensure the NDP Government's controversial <em>Enhanced Protection for Farm and Ranch Workers Act</em> is implemented in a way that minimizes "the damage inflicted by Bill 6."</p>
<p>In an electronic letter to about 50 officials of Alberta agricultural operations and producers' associations, a copy of which has been obtained by AlbertaPolitics.ca, Lukaszuk described the intentions of the group made up of himself, lawyer John M. Hope of the firm Duncan Craig LLP, lawyer Dwayne Chomyn of the firm Neuman Thompson, and Chartered Accountants Scott Dickson, Gord Tait and Michelle O'Brien-Moran, all of MNP LLP, a national accounting firm based in Calgary.</p>
<p>The Dec. 15 email from Lukaszuk to the agricultural groups is sure to ruffle feathers among representatives of the NDP government, the official Opposition and organized labour.</p>
<p>The government of Premier Rachel Notley is already concerned because it wishes to discourage activities that could be interpreted as an effort by consultants or lobbyists to deal with the government on behalf of individuals or organizations. The NDP prefers to deal directly with such individuals and organizations itself.</p>
<p>The Wildrose Party is likely to be unhappy to see a former high-profile PC MLA and cabinet member who lost his seat in the May 5 election getting involved in an issue the Opposition party has been using to attack the government and portray it as not acting in the interests of the farm community.</p>
<p>Organized labour will also be displeased with involvement in this issue by a former minister who labour leaders view as unsympathetic to unions, as well as a lawyer, Chomyn, who worked closely with Lukaszuk on proposed changes to labour law that were strenuously and ultimately successfully opposed by unions.</p>
<p>The letter suggests Lukaszuk's "task group" intends to urge the government to perpetuate working practices labour leaders have pressed the NDP and previous governments to end. Some of the proposals noted in the letter are certain to be strongly opposed by unions.</p>
<p>The letter describes Lukaszuk, Hope, Chomyn, Dickson, Tait and O'Brien as "a task group of well qualified and experienced professionals with agricultural backgrounds coalesced in order to analyze the impact of Bill 6 on individual producers and all sectors of the industry, assess the Bill's financial and operational implications, develop a strategy to assist the Government in drafting practical Regulations and develop a communications strategy particularly aimed at urban Alberta."</p>
<p>"It is vital that we provide guidance to government on how to minimize the negative impact of such rush enforcement (sic)," the letter also states, continuing: 'We also hope to serve as a resource to the industry and individual producers relevant to developing strategies on how to deal with the impact of the new laws."</p>
<p>"More so than ever before," Lukaszuk's letter warns its recipients, "Alberta's agricultural producers now need a unified position and must speak whenever possible with 'one voice'."</p>
<p>The letter states that Lukaszuk's group "has met with the Offices of the Ministers of Agriculture and Jobs Skills Training &amp; Labour (JSTL) and with the Deputy Minister of JSTL," although officials did not expect Lukaszuk and his colleagues to be at the meeting when they sat down with producer group representatives to discuss Bill 6 a couple of days before it was passed by the Legislature on Dec. 10.</p>
<p>Moreover, civil servants involved in that meeting are certain to have taken issue with the letter's claim "the task group has developed a working relationship with the Deputy Minister and is now in the process of determining a mechanism for collaborative drafting of Regulations."</p>
<p>In response to my query about this statement, Lukaszuk told me yesterday in a Twitter message that "we met with DM and MNP will provide the department with suggestions for Regulations."</p>
<p>Lukaszuk also said he has not registered with the province's Lobbyist Registry because he does not expect to perform the specified threshold of 100 hours of lobbying per year as set out in the <em>Lobbyists Act</em>. "I'm not planning on engaging in lobbying."</p>
<p>The letter lists seven issues it says the "task group" will address:</p>
<ol>
<li>Developing regulations that distinguish between arms-length and non-arms-length employment. While family farms are unlikely to be impacted by Bill 6, the letter notes, "it is unfortunate that this will not provide any relief whatsoever to the operations that employ independent arms-length employees."</li>
<li>Ensuring Workers Compensation Board policies are developed "in direct collaboration with the agricultural industry."</li>
<li>Reviewing the Employment Standards Code to determine regulations "appropriate and reasonable for the agriculture industry." Normal overtime pay, the email says, "just isn't practical in the industry."</li>
<li>Implementation of a farm safety standard that "does not become a huge cost and administrative burden to Alberta farms and ranches."</li>
<li>Imposing an "essential services" ban on strikes in agriculture during "crucial seasonal time periods."</li>
<li>Excluding farm equipment under Occupational Health and Safety regulations.</li>
<li>Implementing similar exemptions to employment standards regulations as those proposed by the group for OH&amp;S rules.</li>
</ol>
<p>Lukaszuk's letter concludes: "So where from here? We hope that this coordinated, nonpartisan and results oriented response to this unprecedented challenge will be of interest to you and your membership and that you will consider joining your partners in agriculture in speaking with one voice. We are confident that this approach will be the most effective one, considering the complexity of the matter and limited deadlines.</p>
<p>"At this time, we are interested in meeting with you, learning of your industry's individual concerns and working with you to preserve the viability and competitiveness of Alberta's agriculture industry."</p>
<p>Before entering politics, Lukaszuk for seven years operated a consulting firm for Workers Compensation Board claimants, Injured Workers' Advocates Inc.</p>
<p>As the PC MLA for the Edmonton-Castle Down riding, he served in various posts in the cabinets of premiers Ed Stelmach, Alison Redford, for whom he was deputy premier, and Dave Hancock.</p>
<p>In the summer of 2014, Lukaszuk ran for the leadership of the PC Party against Jim Prentice and Ric McIver.</p>
<p>Prentice won, named a cabinet that did not include Lukaszuk, and led the 44-year Tory dynasty to a humiliating defeat at the hands of Notley's NDP on May 5, 2015. McIver is now acting leader of the nine-member PC caucus.</p>
<p><em>This post also appears on David Climenhaga's blog, AlbertaPolitics.ca.</em></p>
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</p></div></div></div>Sun, 20 Dec 2015 05:46:21 +0000djclimenhaga122184 at http://rabble.ca